Immigration Issues/L1 Visa

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Question
Dear Sir,

I would like to thank you for taking the time to read and answer the following question. We have been in the Telecom/Web Hosting Business for 3 years. Last 2 years we have employed the services of a small one man consulting firm which managed our technical resources as well as 6 US based employees. We have now come to a point where we would like for him to relocate to the US. We are limited by his lack of university education and work experience(5 years) for the H1B. He is non-the less a good manager and highly skillful. Is it possible to buy a majority stake in his consulting company and relocate him under the L1 visa, providing we have hire another employee take over his everyday duties in the German market as well acquire some new German business?


Answer
Hi Alek,

Yes, a majority stake can be bought in his company, and he can be relocated to the U.S. company.

However, the L-1A petition, which is filed by the U.S. company, must show that the foreign company (the German company) will continue to function in this man's absence. It will also be helpful for the German company to hire a few employees or increase business activity prior to the L-1A filing; this shows that this employee was working in a managerial or executive capacity in Germany.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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